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UNHCR Ukraine Legislative Updates (November 2019)
November 2019 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Thematic Reports |
UNHCR Ukraine Legislative Updates (October 2019)
October 2019 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Thematic Reports |
The Supreme Court Resolution of 4 September 2019
On 4 September 2019, the Supreme Court adopted its Resolution with regard to compensation for destroyed commercial premises caused by acts of terrorism. On 4 November 2016, the applicant referred to a first-instance court, requesting a compensation for her commercial premises destroyed during the Anti-terrorist operation (ATO) in Mariupol. The main argumentation was based on the lack of a special order regulating payment of compensation for the ATO consequences in Donetsk and Luhansk oblasts and applicability of relevant European Court of Human Rights jurisprudence. A first-instance court stated that Ukraine should compensate damages/destructions caused by an act of terrorism from the State Budget funds irrespective of Ukraine’s culpability. Simultaneously, the state preserves the right of recourse claim on reimbursing compensation from those liable for acts of terrorism. The Court of Appeals supported this decision. The Supreme Court stated that under Protocol 1 to the European Human Rights Convention an applicant has a right to claim compensation for her damaged or destroyed property irrespective of the fact that the national legal framework on compensatory mechanism is non-existent. It underlined that there is a need to clarify which obligations of the state were violated. Non-fulfilment of positive obligations (introducing a legal framework to ensure that property right violated in the course of the conflict may be effectively protected) or negative obligations (which requires non-interference with the peaceful ownership) will result in the different level of compensation. Since the decisions of lower instance courts did not clarify which particular obligations of the state (positive or negative) were violated, the Supreme Court re-submitted this case to a first-instance court for re-examination. 4 September 2019 | Judicial Body: Ukraine: Supreme Court | Document type: Case Law | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Terrorism - Ukrainians | Countries: Ukraine |
UNHCR Ukraine Legislative Updates (September 2019)
September 2019 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Thematic Reports |
Ukraine: Order No. 363, on the Approval of the Procedure for Consideration of Applications of Foreigners and Stateless Persons for Extension of Stay in Ukraine
28 August 2019 | Publisher: National Legislative Bodies / National Authorities | Document type: National Legislation |
UNHCR Ukraine Legislative Updates (August 2019)
August 2019 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Thematic Reports |
UNHCR Ukraine Legislative Updates (June 2019)
June 2019 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Thematic Reports |
UNHCR Ukraine Legislative Updates (May 2019)
May 2019 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Thematic Reports |
UNHCR Ukraine Legislative Updates (April 2019)
April 2019 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Thematic Reports |
UNHCR Ukraine Legislative Updates (March 2019)
March 2019 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Thematic Reports |